13-43-205. Advisory opinion.

380 words·~2 min read·/ut/title-13/chapter-43/13-43-205

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A local government, private entity, or a potentially aggrieved person may, in accordance with Section 13-43-206 , request a written advisory opinion:

(a)from a neutral third party to determine compliance with:

(i)Sections 10-20-506 , 10-20-507 , 10-20-602 , 10-20-604 , 10-20-605 , 10-20-902 , 10-20-904 , 10-20-905 , 10-20-910 , 10-20-911 , 10-20-912 , and 10-20-1003 ;

(ii)Sections 17-79-506 , 17-79-507 , 17-79-601 , 17-79-602 , 17-79-603 , 17-79-803 , 17-79-804 , 17-79-805 , 17-79-811 , 17-79-812 , 17- 79-813, and 17-79-903 ; and

(iii)Title 11, Chapter 36a, Impact Fees Act ; and

(b)at any time before:

(i)a final decision on a land use application by a local appeal authority under Title 11, Chapter 36a, Impact Fees Act , or Section 10-20-1108 or 17-79-1008 ;

(ii)the deadline for filing an appeal with the district court under Title 11, Chapter 36a, Impact Fees Act , or Section 10-20-1109 or 17-79-1009 , if no local appeal authority is designated to hear the issue that is the subject of the request for an advisory opinion; or

(iii)the enactment of an impact fee, if the request for an advisory opinion is a request to review and comment on a proposed impact fee facilities plan or a proposed impact fee analysis as defined in Section 11-36a-102 .

(2)A private property owner may, in accordance with Section 13-43-206 , request a written advisory opinion from a neutral third party to determine if a condemning entity:

(a)is in occupancy of the owner's property;

(b)is occupying the property:

(i)for a public use authorized by law; and

(ii)without colorable legal or equitable authority; and

(c)continues to occupy the property without the owner's consent, the occupancy would constitute a taking of private property for a public use without just compensation.

(3)An advisory opinion issued under Subsection

(2)may justify an award of attorney fees against a condemning entity in accordance with Section 13-43-206 only if the court finds that the condemning entity:

(a)does not have a colorable claim or defense for the entity's actions; and

(b)continued occupancy without payment of just compensation and in disregard of the advisory opinion.

Amended by Chapter 166 , 2026 General Session